…but will fight merck for fosamax

Merck & Co. is suing Teva in an attempt to keep its hold on branded osteoporosis drug Fosamax until 2008. Merck asserts that its ownership of a "method for inhibiting bone reabsorption" protects Fosamax for another six years. Merck also sued Barr Labs, another generic maker, on the same grounds several months ago.

Teva applied to the FDA for fast track status to sell its generic form of Fosamax in the United States. Early statements hint that Teva will fight Merck's charge. Annual Fosamax sales are $762.7 million, making it the No. 1 osteoporosis drug in sales and prescriptions.

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